Can I File for Divorce in Wisconsin?

The state of Wisconsin has unique residency requirements for people who wish to file for divorce. You must meet these state-specific requirements prior to filing with the Circuit Court for your county in Wisconsin. The Wisconsin residency requirements are as follows:

One of the spouses must a be a resident of the state of Wisconsin for at least 6 months and a resident of the county in which they file for at least 30 days immediately prior to filing for the divorce. A hearing will not be scheduled by the clerk until the expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition.

The divorce is typically filed with in county in which the filing spouse resides.

(Wisconsin Statutes - Sections: 767.05, 767.083)

If you DO NOT meet at least one of the above Wisconsin residency requirements, you have the following options:

• Establish residency in Wisconsin for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Wisconsin residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

The divorce paperwork will include a statement in the complaint stating either you or your spouse lives in Wisconsin for the past 6 months before filing for divorce. Typically a Wisconsin driver's license or state identification with a current address is sufficient to prove residency or affidavit signed by a third party will be accepted by the court as proof of residency, if there are any problems.